In a Class Deviation, when there is a direct conflict between the policy memo and the Deviation language, which controls?
This response is based on the information provided. We suggest you discuss with your contracting team, program manager and/or legal department as appropriate.
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The key to the answer is answer this question, "What goes on contract?" In most cases, only the language that is to be used in lieu of FAR/DFARS language makes it to the contract. That is what a court or other third party arbitrator would use to determine an issue in question.
We add that, while possible, it is unlikely there is a direct conflict between the memo language and the deviation language. We believe the phrasing may appear to conflict, but likely does not. Since the deviation in question was not offered from review, we cannot speak to the issue definitively.